The Department of State released today Foreign Relations of the United States, 1969–1976, Volume X, Vietnam, January 1973–July 1975. This specific volume covers U.S. policy towards Vietnam, Laos, and Cambodia from the signing of the Paris Peace Accords on January 27, 1973, to the fall of Phnom Penh and Saigon in April 1975. The final chapter covers the May 1975 SS Mayaguez incident.

This volume addresses the ending of the Vietnam war; a story central to the U.S. experience in the 20th century. Similar to other Foreign Relations volumes, this collection of documents emphasizes the formation of policy over day-to-day diplomacy. Several themes dominated U.S. policy and policy objectives in Indochina during this period: the relationship between force and diplomacy, the struggle between the President and Congress in the formation and implementation of U.S. policy, U.S. credibility in the world, and the limits of American power. These themes dictated the selection of documents in this volume. Soon after the fall of Saigon in April 1975, American officials in several agencies began looking back at U.S. policy toward, and political and military actions, in Vietnam in an effort to understand and learn from the American experience in Indochina beginning in the early 1960s. This volume places those analyses within the broader documentary context.

This volume concludes with documentation covering the May 1975 seizure by Cambodia of the SS Mayaguez and the successful recovery by U.S. forces of the ship and its crew. The documents cover the crisis deliberations in Washington among civilian and military officials that led to President Ford’s decision to use military force to recover the ship.

This volume was compiled and edited by Bradley Lynn Coleman. The volume and this press release are available on the Office of the Historian website at http://history.state.gov/historicaldocuments/frus1969-76v10. Copies of the volume will be available for purchase from the U.S. Government Printing Office online at http://bookstore.gpo.gov (GPO S/N 044–000–02643–1; ISBN 978–0–16–085824–6), or by calling toll-free 1–866–512–1800 (D.C. area 202–512–1800). For further information, contact Susan Weetman, General Editor of the Foreign Relations series, at (202) 663–1276 or by e-mail to history@state.gov.

Demonstrators at York County Prison want detained Cambodian-Americans released

The men are leading productive lives and have been caught up in a federal effort targeting 'criminal aliens,' protest organizers say.

By EMILY OPILO
Daily Record/Sunday News
Updated: 09/24/2010

Chally Dang Jr., 3, stands next to his pregnant mother, Ana Cruz, in front of York County Prison on Friday. Dang's father, Chally Dang Sr., is in the Immigration and Customs Enforcement detention area of the prison. Dang has been told he will be deported because of his criminal record. (DAILY RECORD/SUNDAY NEWS--JASON PLOTKIN)

Ana Cruz is nine months pregnant, but her husband, Chally Dang, probably won't be there for the birth.

Dang and several other members of their Philadelphia Cambodian community are being detained at York County Prison for possible deportation as part of a roundup of immigrants with criminal records.

Although Dang, now 28, came legally to the United States from Cambodia as a permanent resident, he was convicted of aggravated assault at age 15 and served time in prison. Under U.S. law, that conviction can affect his immigration status.

Nancy Iv, 19, and her sister Melinda Iv, 16, stand outside York County Prison to show support for their uncle, Mout Iv, who is currently being held there. Iv was one of several Philadelphia residents who may be deported. (DAILY RECORD/SUNDAY NEWS--JASON PLOTKIN)

But since then he's become a father, a husband and a productive member of society, Cruz said. That's what brought a group of at least 30 members of Dang's community to York County Prison on Friday to protest his detention.

"I'm afraid," Cruz said, one hand resting on her pregnant belly. "Right now, it's just a waiting game. No one tells you how long it's going to take."

Dang and the others detained this week were summoned to the local Immigration and Customs Enforcement office for what they believed was a routine visit, said Raymond Ros, one of the protest's organizers. They were shocked to hear that they would be deported, he said.

All of them have served time in prison, Ros said, but those charges were in their youth. With permanent resident status, they all have jobs, take care of families and pay taxes like a citizen, he said. Dang has worked as a truck driver since he was released.

"Basically we're just trying to send a message that this is unlawful and inhumane," Ros said. "We want to ask them to look at the cases individually and look at what these people have been doing."

Mark Medvesky, an ICE spokesman, said the men were detained because either they were seen as "a threat to public safety or they would not leave the country as ordered." Medvesky would not comment on when the men were scheduled to be deported.

Members of the crowd outside the prison drove two hours from Philadelphia to express their support for the detained. Many carried young children, several belonging to the men inside the prison.

Savon Youk of Philadelphia brought his two teenage daughters wearing T-shirts that read "Free My Uncles." Youk's brother-in-law Mout Iv was one of the men facing deportation.

Iv was convicted of a crime when he was young, but he owns a barbershop now, Youk said. If he's deported, he will have to leave his 3-month-old child, he said.

"I heard about the United States of America as a place of freedom, democracy, free speech, human rights," he said. "But when they did this to them, it is not democracy. It's not human rights."

Bangkok - Laos' plan to build a hydropower dam on the Mekong River challenges the credibility of the Mekong River Commission, which was set up to assure five nations it flows through of benefits from river development, environmentalists warned Friday.

On Wednesday the Lao government notified the Mekong River Commission (MRC) of its proposal to build a hydropower dam on the river in Sayobouly province, northern Laos.

The commission's secretariat has warned that with current technologies it would be impossible to build a dam on the lower Mekong without disrupting fish migration in the river.

The Mekong is the longest river in South-East Asia and passes through southern China, Laos, Myanmar, Thailand, Cambodia and Vietnam.

The commission, whose membership includes the five lower-Mekong countries, but not China, is responsible for vetting projects to determine whether they might negatively impact the other counties.

'This dam is the greatest challenge the MRC has faced since it was formed,' said Marc Goichot of the World Wide Fund for Nature (WWF). 'It is the most serious test of its usefulness and relevance.'

WWF International has warned that the Sayobouly dam would block sediments and nutrients that flow to Vietnam's delta, and alter habitats downstream in Laos and Cambodia 'potentially having devastating impacts on wild fisheries and causing the likely extinction of critically endangered Mekong giant catfish.'

The Sayabouly dam is the first of the 11 proposed lower Mekong River dams to be vetted by member countries of the commission.

China has already built four hydropower dams on the upper Mekong in Yunnan province and plans another four, despite the unknown impact on downstream nations Cambodia, Laos, Myanmar, Thailand and Vietnam.

The Stimson Centre, a think tank, last month warned that if China's cascade of dams were completed, they could halt up to 70 per cent of the silt that is normally carried by the river to the lower Mekong countries, depriving them of nutrients.

The Mekong, which flows from the Tibetan plateau to southern Vietnam, feeds and employs up to 60 million people in the region.

President Barack Obama is joined for a photo with ASEAN leaders, Friday, Sept. 24, 2010, in New York. From left are, Lao President Choummaly Sayasone, Vietnam Priesident Nguyen Minh Triet, the president, and Philippines President Benigno Aquino III. (AP Photo/Susan Walsh)

U.S. President Barack Obama and Southeast Asian leaders met Friday to discuss territorial disputes with China and a fast-growing trade relationship, with Obama pledging to take a strong role in regional affairs.

The meeting took place at a time of friction between China, the other superpower in the region, and its neighbors. They are bickering over territory in surrounding seas. Obama and leaders of the 10-member Association of Southeast Asian Nations were expected to call for the peaceful settlement of such disputes and to urge claimants not to resort to force.

In the East China Sea, tensions between China and Japan were eased after Japan released a Chinese fishing boat captain involved in a collision near disputed islands.

Southeast Asian leaders have welcomed Washington's presence in the region.

Vietnamese President Nguyen Minh Triet said ahead of the leaders' meeting that U.S.-ASEAN ties are crucial "to the security, peace and development in the region."

Obama spoke of strengthening ties and of "unprecedented cooperation between ASEAN and the United States."

"As a Pacific nation, the United States has an enormous stake in the people and the future of Asia," Obama said. "We need partnerships with Asian nations to meet the challenges of growing our economy, preventing proliferation and addressing climate change."

"The United States intends to play a leadership role in Asia," Obama said.

That could cause friction with China, the region's traditional heavyweight.

Beijing was furious after U.S. Secretary of State Hillary Clinton told a regional security forum in Vietnam in July that the peaceful resolution of disputes over the Spratly and Paracel island groups was an American national interest. Beijing said Washington was interfering in an Asian regional issue.

The United States worries the disputes could hurt access to one of the world's busiest commercial sea lanes.

China claims all the South China Sea, but Vietnam, Taiwan, Malaysia, Brunei and the Philippines have also laid territorial claims. Aside from rich fishing areas, the region is believed to have huge oil and natural gas deposits. The contested islands straddle busy sea lanes that are a crucial conduit for oil and other resources fueling China's fast-expanding economy.

On Thursday, the president of the Philippines, Benigno Aquino III, welcomed a strong U.S. role in the region. He said ASEAN would be unified should China use its weight as regional superpower in territorial disputes.

In a reference to China, Aquino said: "Hopefully we don't hear the phrase 'South China Sea' with reference to it being their sea."

Obama also spoke Friday of growing U.S.-ASEAN trade.

"The region is home to some of our largest trading partners and buys many of our exports, supporting millions of American jobs," Obama said. "American exports to ASEAN countries are growing twice as fast as they are to other regions, so Southeast Asia will be important to reaching my goal of doubling American exports."

A man from New Zealand has gone on trial in Cambodia over alleged sex with two young girls. 53-year-old Michael John Lines was arrested at a hotel in the province of Preah Sihanouk in March. Lines holds dual citizenship from New Zealand and Australia.

The trial took place behind closed doors and lasted a day. Lines was tried for charges of procuring a child for prostitution. Judge Duch Kimsan said that he announce his decision in the short future.

In the past few years Cambodian police and courts have began to crack down on foriegn pedophiles. Many travel to Cambodia seeking sex with young girls in poor areas.

(New York) - The latest conviction of the Cambodian opposition leader Sam Rainsy on politicized charges makes it clear that the government of Prime Minister Hun Sen is no longer interested in even the pretense of democracy, Human Rights Watch said today. Rainsy was sentenced to 10 years in prison on September 23, 2010, on charges of spreading disinformation and falsifying maps.

Human Rights Watch urged President Barack Obama to tell Hun Sen when they meet today that this incident will threaten international assistance and relations with Cambodia, especially if the government fails to take urgent action to reverse measures that undermine freedom of expression, assembly, and association. Obama is scheduled to meet with Association of Southeast Asian Nations (ASEAN) leaders in New York on the fringes of the annual United Nations General Assembly meeting.

"President Obama and other world leaders need to let Hun Sen and his government know that the free ride is over," said Sophie Richardson, acting Asia director at Human Rights Watch. "Cambodia cannot sentence the leader of the opposition to 10 years in prison for peaceful expression without expecting serious consequences."

The court sentenced Rainsy, leader of the opposition since 1995, for disseminating a map that purports to show that Cambodia's border with Vietnam had been moved. The trial was closed to the public, though the verdict was read out by Judge Ke Sakhan, who said, ''The acts committed by the offender seriously affected the honor of the government." Rainsy, who has been in self-imposed exile abroad all of this year, faces prison if he returns to Cambodia.

The case is part of a concerted and longstanding campaign against Rainsy. On January 27, the Svay Rieng provincial court convicted Rainsy and two villagers, Meas Srey and Prom Chea, on charges of inciting racial discrimination and destroying demarcation posts on Cambodia's border with Vietnam. That conviction was based on an incident in October 2009, when Rainsy helped villagers in Svay Rieng remove border markers that they contended had been moved onto Cambodian territory.

"The sentencing of Rainsy takes Hun Sen's campaign of persecution of critics to a new extreme and highlights government control over the judiciary," Richardson said. "Somehow the Cambodian authorities routinely find the time to use the police and courts to attack critics, but never are able to arrest or convict those who attack, often murderously, those very same critics."

Human Rights Watch urged the United States, the European Union, Japan, and other key donors to take strong diplomatic action in response to the sentence against Rainsy, including recalling their ambassadors to demonstrate their outrage. Donors contribute approximately 50 percent of the Cambodian government's budget.

From the time he created his political party in 1995, Rainsy has been subject to assassination attempts, threats, intimidation, criminal cases, and civil court cases. On March 30, 1997, a grenade attack on a political rally he was addressing killed at least 16 people and wounded 150. Rainsy's life was saved when the full force of the blast hit one of his bodyguards.

The US Federal Bureau of Investigation, which became involved because an American citizen was harmed in the attack, found that Hun Sen's bodyguard unit was implicated, but the Cambodian government has failed to investigate or prosecute those responsible.

Senior government officials have repeatedly brought politically motivated cases against Rainsy in recent years. His immunity as a member of parliament was lifted in February 2009 after Hun Sen filed a criminal defamation complaint against him for accusing Hun Sen of corruption. Rainsy's immunity was restored after his party paid a US$2,500 fine. On November 19, 2009, his immunity was lifted again for the border markers case.

Another attempt to jail Rainsy came in December 2005 when he was sentenced to 18 months in prison on transparently political defamation charges. Rainsy was out of the country at the time. Under international pressure, Hun Sen agreed to a royal pardon in February 2006.

"For too long donors have ignored the alarming downward spiral of rights and democracy in Cambodia," Richardson said. "If they continue not to react, they will wake up some day and find that Cambodia closely resembles Burma. It is time for diplomats to stand up and be counted."

Correction

This September 24, 2010 news release incorrectly noted that the Rainsy Party was launched in 1998, whereas it was actually launched in 1995. The launch date of the Party has been corrected accordingly.

Cambodian opposition leader Sam Rainsy is seen on a screen during a video conference

via CAAI

PHNOM PENH — Cambodia's opposition leader said Friday he had filed a criminal lawsuit in the United States against Prime Minister Hun Sen, accusing him of being behind a deadly 1997 attack on a political rally.

The move by Sam Rainsy, who lives in self-imposed exile abroad, comes a day after a court in the Cambodian capital sentenced him to 10 years in jail in absentia for forging and publishing a false map of the border with Vietnam.

The 60-year-old already had a two-year jail term hanging over his head for uprooting border posts with the neighbouring country.

Appearing via video link from France, Sam Rainsy said the premier was "a criminal" for his alleged involvement in the grenade attack on an opposition rally in Phnom Penh 13 years ago which killed at least 16 people and wounded dozens more, including a US citizen.

He said his lawyer had submitted a complaint in New York requesting a criminal investigation into Hun Sen's alleged role in the attack and cover-up attempts afterwards.

The announcement is the latest twist in an ongoing tit-for-tat row between the country's top two politicians.

It also coincides with Hun Sen's trip to New York, where he is due to meet US President Barack Obama and other leaders of the Association of Southeast Asian Nations (ASEAN).

A spokesman for Cambodia's Council of Ministers dismissed Sam Rainsy's lawsuit as "an overreaction" to his latest prison sentence.

"He (Sam Rainsy) wants revenge," Phy Siphan told AFP, adding that the premier was not worried about the lawsuit because "he is still innocent".

It is not the first time that Sam Rainsy has accused Hun Sen and his elite bodyguard unit of orchestrating the attack.

In 2005, the opposition leader, seen as the main rival to Hun Sen, was sentenced in absentia to 18 months in prison for defaming the prime minister with the claims.

But he was granted a royal pardon in early 2006 after he took an uncharacteristically conciliatory stance, recanting the accusations.

An FBI investigation into the attack was never completed and Sam Rainsy alleges this is partly because of "cover-up efforts by Hun Sen and his direct subordinates."

Photo: By Heng Reaksmey VOA, Khmer
The villagers, from seven communes in Takhao town, Kandal Stung district, have been in conflict with the Heng Development Co. since 2005.

“In the past, I sought the help of the law, but local authorities don’t help resolve people’s problems. I respect the law every minute, but the court and district and provincial authorities don’t respect their own laws.”

More than 400 villagers engaged in a land dispute with a Kandal province developer held a Buddhist ceremony on Friday, praying for protection of 450 hectares of land they expect to be pushed from next month.

The villagers, from seven communes in Takhao town, Kandal Stung district, have been in conflict with the Heng Development Co. since 2005. Representatives said Friday they have lived on the land since 1983.

“In the past, I sought the help of the law, but local authorities don’t help resolve people’s problems,” said Soa Rong, 60, who prayed to Buddha and her ancestors in Friday’s ceremony. “I respect the law every minute, but the court and district and provincial authorities don’t respect their own laws.”

Takhao resident Uong Sim, 48, said the company had taken two hectares of her land.

“I would like to pray to the ancestral spirits, Buddha, God and my late great grandparents to help protect my land and to take my land back for me for farming,” she said. “Every day the people suffer poverty and live in hope of farming. But now there’s no land.”

A company official said it was following a 2006 decision of the Kandal court that provided 210 hectares to the company. The remaining 240 hectares remain in dispute.

Men Makara, a coordinator for the rights group Adhoc, said the prayer ceremony followed several unsuccessful demonstrations.

“Finally, the people decided to seek Buddha and other gods to help them,” he said.

A group of US Cambodians plans to stage a demonstration against the government on Friday, while Prime Minister Hun Sen is visiting New York for a US-Asean summit.

The protest comes as Hun Sen is expected to hold talks with Thai Prime Minister Abhisit Vejjajiva over an ongoing border dispute and while they and other Asean leaders are scheduled to meet with US President Barack Obama.

Michael Duong, the main organizer of the demonstration, said the government has failed to implement certain accords within the 1991 Paris Peace Agreement that would have shored up the border and prevented disputes.

Both sides have troops amassed along the border where each claims ownership of a 4.6-kilometer stretch of land west of Preah Vihear temple. And opposition lawmakers have said villagers have lost land in recent years to Vietnamese encroachment.

Demonstrators were expected from Maryland, Virginia, New Jersey, Philadelphia and New York, organizers said. The Cambodian Embassy in Washington declined to comment Friday.

Duong said demonstrators plan to protest other issues, including land grabs, evictions, deforestation, and corruption in oil and gas.

“Mostly, those in power make decisions within their group of a few people and share the benefits among themselves,” he said.

Local and foreign tourists shop for jewelry and goods at central market in Phnom Penh, Cambodia.

“In the year 2010, there is a great impression that long-term investment is the most important need for the economy, as well as local people.”

Cambodia may still be facing some challenges from the global financial crisis, but it has recently shown some good trends, especially in long-term investment, a leading economist said Thursday.

“In the year 2010, there is a great impression that long-term investment is the most important need for the economy, as well as local people,” said Kang Chandararoth, president of the Cambodia Institute for Development Study, as a guest on “Hello VOA.”

That would include investment in mining, power and infrastructure, he said.

Thinking has shifted away from a recent attitude of short-term investment and quick money, he said.

Cambodia’s main earners continue to be tourism, construction, agriculture and manufacturing. Earlier this year, the IMF predicted a 5 percent economic growth rate for 2010.

Kang Chandararoth advised farmers to not only cultivate for subsistence, but to consider the needs of the marketplace.

The Por Meas Pagoda, far from Cambodia's electric grid, is among the country's growing number of solar power producers.

Phok Ros poses near a solar-powered building.

Julie Masis

via CAAI

By Julie Masis, Correspondent / September 24, 2010

Kandal Province, Cambodia

On the roof where monks pray, a black panel faces the sun. The Por Meas Pagoda in this village about an hour from Cambodia’s capital is not connected to the electric grid, but this summer the eight monks and 10 orphans who live there got electricity for the first time – from solar panels.

It is not the only Cambodian pagoda that is using solar energy. A nongovernmental organization called Pico Sol Cambodia has installed panels at four rural pagodas since 2009, thanks to a Dutch philanthropist, according to the NGO’s chairman, Ly Senleap.

At Por Meas, monks used to pray before sunrise using incense sticks for light. Sometimes they would fall asleep and burn their books, says senior monk Phok Ros. Now the pagoda has eight lamps – in the meeting room, bedrooms, dining room, bathrooms, and outside.

PHNOM PENH - CAMBODIA'S opposition leader said on Friday he had filed a criminal lawsuit in the United States against Prime Minister Hun Sen, accusing him of being behind a deadly 1997 attack on a political rally.

The move by Sam Rainsy, who lives in self-imposed exile abroad, comes a day after a court in the Cambodian capital sentenced him to 10 years in jail in absentia for forging and publishing a false map of the border with Vietnam.

The 60-year-old already had a two-year jail term hanging over his head for uprooting border posts with the neighbouring country.

Appearing via video link from France, Sam Rainsy said the premier was 'a criminal' for his alleged involvement in the grenade attack on an opposition rally in Phnom Penh 13 years ago which killed at least 16 people and wounded dozens more, including a US citizen.

He said his lawyer had submitted a complaint in New York requesting a criminal investigation into Hun Sen's alleged role in the attack and cover-up attempts afterwards.

The announcement is the latest twist in an ongoing tit-for-tat row between the country's top two politicians. It also coincides with Hun Sen's trip to New York, where he is due to meet US President Barack Obama and other leaders of the Association of Southeast Asian Nations (Asean). -- AFP

A delegation from the Cambodian Women for Peace and Development Association in Kampong Speu province, headed by its chairwoman Tim Savath, is working with the Women’s Association of the southern province of Vinh Long from September 22-24.

The visit aims to help the two associations increase the exchange of experiences in a wide range of activities and learn about each others programmes and policies in order to support women living in difficult circumstances and provide them better health care, while preventing social evils such as human trafficking.

The Cambodian side spoke highly of achievements made by the Vinh Long provincial Women’s Association (VLWA) to assist women in running a household business while caring for their families. The province was also praised for vocational training and other effective club models.

Le Thanh Xuan, Vice Chairwoman of the Vinh Long provincial People’s Committee, said both Vietnam and Cambodia recognise the significance of families, in which women play an important role.

The proportion of women in Vietnam and in Vinh Long province assuming leadership roles is increasing, she said.

During its stay in Vietnam, the Cambodian delegation also made fact-finding tours of several craft manufacturing centres and resorts in the province where a large number of women work.(VNA)

Delegates agreed that AIPA should improve the quality of its operation to contribute to the development of the ASEAN community. They also stressed the importance of strengthening the AIPA-ASEAN relationship and proposed holding an annual meeting between AIPA and ASEAN leaders.

Mr. Trong, who is also the chairman of AIPA-31, said Vietnam successfully organised this year’s event, themed “Solidarity for the sustainable development of the ASEAN Community”, and fulfilled its AIPA-31 chairmanship.

On behalf of Vietnam’s NA, chairman Trong expressed his thanks to delegations from AIPA delegates and observers for their contribution to the success of the General Assembly.

After the closing, a ceremony was held to hand over the chairmanship of AIPA – 32 to Cambodia. Chairman of the Parliament of Cambodia Heng Samrin who is also AIPA-32’s chairman, said AIPA will contribute to creating a peaceful and politically stable ASEAN region. He said Cambodia will be well-prepared for the 32nd General Assembly.

At a press conference following the ceremony, Mr. Trong officially announced the results of the General Assembly. Heads of AIPA delegations also answered reporters’ questions about AIPA’s contribution to promoting solidarity, cooperation, and development in the region.

Prior to the closing ceremony, AIPA-31 held a second plenary session during which heads of AIPA delegations signed a joint communiqué and AIPA announced its decision to name India an AIPA observer and to hold the 32nd General Assembly in Cambodia’s city of Sihanoukville in September, 2011.

PHNOM PENH - Questions hover over the future of Cambodia's political opposition, as well as room for dissent, in the wake of the conviction and sentencing of the exiled leader of the country's largest opposition party to 10 years in prison.

On September 23, the Phnom Penh Municipal Court convicted opposition leader Sam Rainsy on charges of disinformation and falsifying public documents. He was accused of fabricating maps that he claimed showed neighboring Vietnam had encroached on Cambodian soil - a politically charged subject in a country whose government has close ties to Vietnamese authorities, yet where centuries-old antipathy among the population also lingers.

The court's decision comes after a separate January conviction that saw Sam Rainsy sentenced to two years in prison after he uprooted a marker along a stretch of the border with Vietnam. He was convicted in absentia in both cases, living in self-imposed exile in France.

In an e-mailed response to questions on Thursday, Sam Rainsy said the charges against him were "of a strictly political nature".

"Only a kangaroo court can issue the type of verdict we saw today," he wrote. "Everybody rightly says that the judiciary in this country is everything but independent, being only a political tool for the authoritarian ruling party to silence any critical voices."

Yim Sovann, a spokesman for the Sam Rainsy Party, said the court ruling was an alarming sign that the government had grown increasingly intolerant of criticism. "The courts are being used as a political tool to crack down on the opposition party," he said. "It's a big step backward for democracy in Cambodia."

Thursday's ruling adds to lingering questions over whether Sam Rainsy will even be allowed to stand in the next parliamentary elections, scheduled for 2013. If the convictions are upheld, it would leave the Cambodian opposition without its leader and one of its most prominent members.

"The court issued a verdict to sentence Sam Rainsy. But it's not just Sam Rainsy. It sentences the whole country," Yim said. "The younger generation sees that when you stand up to protect your country, they will be tried like this. It sets a bad example."

If the court ruling means that Cambodia's opposition leader could not run in the coming election, it would cast doubt over the state of democracy in the country, said Koul Panha, executive director of the Committee for Free and Fair Elections.

"Cambodia endorses liberal, pluralist democracies," Koul said. "So the freedom to have different political opinions is very important. But now the case shows there are some political differences that are not tolerated. This will affect the full participation of the opposition parties."

He said he believed the court decision showed Cambodia's democracy was still "immature", 17 years after its first post-war elections. He said that while there had been a sharp decrease in political violence in recent years, battles were instead being played through the courts.

Authorities, however, reject accusations of political interference in the judicial system.

"This was a decision of the court," government spokesman Phay Siphan said of the ruling against Sam Rainsy. "We encourage the courts to do whatever the courts feel is just. We respect their sovereignty. Nobody influences them."

Instead, Phay said any blame for Sam Rainsy's predicament lay squarely on the opposition leader himself. "When you commit wrongdoings, you have to respect the rule of law," he said. "Like everyone, political opposition parties have to abide by the rule of law."

Rights groups, however, say the courts have increasingly been used as a means to silence opposition to the ruling Cambodian People's Party. Villagers protesting land disputes, rights workers, journalists and politicians have all faced problems with the legal system in recent years.

Parliamentarian Mu Sochua, a Sam Rainsy Party member, was convicted of defaming Prime Minster Hun Sen in 2009 after she had earlier accused him of insulting her.

Sam Rainsy has previously faced legal problems; he fled the country in 2005 after was stripped of his parliamentary immunity in relation to a defamation lawsuit. A court later sentenced him in absentia, but he returned after receiving a royal pardon and led his party to opposition status in the following election.

But it remains to be seen if he will be able to find a similar resolution to his current problems.

Ou Virak, president of the Cambodian Center for Human Rights, said it appeared the government was intent on trying to end Sam Rainsy's political career. "I think this government believes it can effectively stop Sam Rainsy from returning to Cambodia for good," Ou said. "It's a very clear, political move by the government to prevent Sam Rainsy from coming back and effectively weakening the opposition altogether."

Ou said he believed the government knew that international reaction to its jailing of a key opposition figure could be harsh.

By keeping Sam Rainsy outside Cambodia, any condemnation may be less severe than if he were imprisoned, Ou said. "The fact is he's out of the country. It's not like you have somebody in jail," he explained. "The government understands this. As long as Sam Rainsy remains outside, you're not going to hear too harsh criticisms from all sides."

Today is Constitution Day in Cambodia, a public holiday that gives Cambodians a chance to celebrate and reflect on the enactment of the 1993 Constitution.

Article 1 of the Constitution of the Kingdom of Cambodia states that Cambodia shall be ruled according to the principles of liberal democracy and pluralism.

This Constitution Day the Cambodian Center for Human Rights encourages Cambodians to reflect on the unique potential of liberal democratic systems to both uphold civil and political rights and promote equitable economic growth.

In 2010, the liberal democratic system guaranteed in Cambodian’s Constitution is in a fragile state. A recent report issued jointly by 17 NGOs – Cambodia Gagged: Democracy at Risk – raises concerns that the Royal Government of Cambodia, led by the Cambodian People’s Party, is dismantling the fundamental pillars of democracy and gradually moving Cambodia towards a one-party political system.

The report documents the use of state power against parliamentarians, media, lawyers, human rights activists and other citizens to silence debate and close the space for pluralism and diversity of opinion within Cambodia. Given the emergence in Cambodia of an autocratic, authoritarian political system at the expense of liberal democracy, we should examine whether this new system is an effective political model to promote the interests of Cambodian citizens.

The CPP-led RGC has promoted similar priorities to those espoused by the “Beijing Consensus,” emphasising Cambodia’s achievement of high levels of economic growth over the past decade and promoting the CPP as the only political force capable of maintaining peace and stability in Cambodia.

The RGC presided over economic growth in double digits between 2004 and 2007 prior to the global economic slowdown. However, much of this growth resulted from crony capitalism benefiting a few well-connected businessmen, CPP senators and foreign investors.

The RGC has also promoted its ability to maintain stability. However, the price of such a trade-off can include the violent suppression of those promoting alternative solutions to a country’s problems, such as the 1997 grenade attack, and the 2004 assassination of labour leader Chea Vichea in Cambodia, or on a larger scale, brutality such as the Tiananmen Square massacre in China in 1989.

The political system in operation in Cambodia today carries the veil of democracy, but this is a charade. In a true liberal democracy, opposition politicians are able to speak and present policy proposals in parliament, citizens are able to organise protests and strikes without being charged with incitement, and the courts are respected by citizens as an independent arbiter of conflicts.

This Constitution Day, the Cambodian Center for Human Rights calls on members of all political parties to reflect on the democratic values enshrined in Cambodia’s supreme law and consider how they can work together with dignity and respect to build a truly democratic system capable of benefiting all Cambodians.

Cambodian Mountain Bike Association riders battled the terrain at Phnom Baset in August – Phnom Khulen is now on the agenda. Photo by: DOUGLAS LONG

via CAAI

Friday, 24 September 2010 15:00 Nicky Hosford

THE Khmer Cycling Club and the Comin Khmer company are hosting the very first mountain bike race around the top of beautiful Phnom Kulen this Sunday.

Registration will be open until the race starts at 7:30am, so there’s still time to get on your bike and sign up. Registration will be $8 for Cambodians and $35 for foreigners, increasing to $45 for registration on the day.

The fee includes the standard entry fee for Phnom Kulen, a.k.a. Mount Lychee.

For those registering on time, it also includes an overnight camping trip on Kulen, a beautiful mountain about 40 kilometres outside Siem Reap that has long been a popular picnic site for Cambodians.

The race, over a four-kilometre course, caters for four different levels of experience, from five-lap experts to novices who do three laps of a shorter course, with the difficult bit cut out.

The challenging ride takes competitors through jungle, over rocks and alongside the famed underwater lingas and includes some tough terrain, strong right angles and U-turns and some fast downhill sections.

Rasmey Prum, from the Khmer Cycling Club, says the organisers are keen to stage more races at Phnom Kulen. “We want to develop Cambodian cycling as much as we can on behalf of the Cambodian cycling generation and small clubs here. If we don’t do it, nobody will,” said Rasmey Prum.

Almost 100 participants are already registered for the event. Most are Cambodian, say the organisers, and this is a sign of the growing local interest in this sport.

For more information about the Khmer Cycling Club contact Rasmey Prum on 012 555 123, or at smey@khmercycling.com